HB245 By Representatives McClammy and Knight RFD Constitution, Campaigns and Elections Rd 1 16-FEB-16

SYNOPSIS: Under existing law, a person convicted of a felony involving moral turpitude is prohibited from voting until he or she has been released upon completion of a sentence, has been pardoned, has completed probation or parole, and has paid any victim restitution. Restoration of voting rights is made through an application to the Board of Pardons and Paroles.

This bill would provide for the automatic restoration of voting rights of a person who has been convicted of a felony involving moral turpitude when he or she is discharged from incarceration.

This bill would specify responsibilities of the Secretary of State concerning such voter restoration.

This bill would provide for absentee voting for persons who are eligible to vote and are incarcerated.

This bill would repeal the provisions of state law that provide the procedure for the Board of Pardons and Paroles to restore the voting rights of a convicted felon.

This bill would also establish a temporary legislative oversight committee and a task force to monitor the restoration of voting rights.

A BILL TO BE ENTITLED AN ACT

Relating to voting rights; to amend Sections 15-22-36, 17-3-31, 17-4-6, 17-4-60, 17-11-3, and 17-11-7 of the Code of Alabama 1975; to provide for the automatic restoration of voting rights of a person who has been convicted of a felony involving moral turpitude when he or she is discharged from incarceration; to specify responsibilities of the Secretary of State concerning such voter restoration; to provide for absentee voting for persons who are eligible to vote and are incarcerated; to repeal Section 15-22-36.1 of the Code of Alabama 1975, which provides the procedure for the Board of Pardons and Paroles to restore the voting rights of a convicted felon; and to establish a temporary legislative oversight committee and a task force to monitor the restoration of voting rights.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. This act shall be cited as the Alabama Restoration of Voting Rights Act.

Section 2. The Legislature finds and declares the following:

(1) Alabama denies the right to vote to all persons who have been convicted of a felony involving moral turpitude.

(2) Voting is both a fundamental right and a civic duty. Restoring the right to vote strengthens our democracy by increasing voter participation and helps people who have completed their incarceration to reintegrate into society.

(3) Under current Alabama felony disfranchisement law, more than 124,000 non-African-Americans and more than 137,000 African-Americans have lost the right to vote. The law has a disproportionate impact on minority communities. Nearly one in three African-American men in Alabama has lost the right to vote because of a felony conviction.

(4) The restoration of voting rights through application to the Board of Pardons and Paroles for a Certificate of Eligibility to Register to Vote has proved cumbersome for both applicants and the board. The current system imposes economic and administrative burdens on the state and is costly for Alabama taxpayers. Streamlining the restoration process will advance administrative efficiency, fiscal responsibility, fairness, and democracy.

(5) The purposes of this act are to strengthen democratic institutions by increasing participation in the voting process, to help people who have completed their incarceration to become productive members of society, and to streamline procedures for restoring their right to vote.

Section 3. (a) Except in cases of treason or impeachment, a person who has been convicted of a felony involving moral turpitude shall be restored the right to vote in a federal, state, or local election in Alabama when that person is discharged from incarceration.

(b) Before accepting a plea of guilty or nolo contendere to a felony involving moral turpitude, and before imposing sentence for such a felony after trial, the court shall notify the defendant that conviction will result in loss of the right to vote only if and for as long as the person is incarcerated and that voting rights are restored upon discharge.

(c) The state Department of Corrections and, subject to any agreement under 52 U.S.C. §20506(a)(3)(B)(ii), the federal correctional institutions in Alabama shall act as voter registration agencies in accordance with Section 17-4-60(d), Code of Alabama 1975. In this capacity, and as part of the release process leading to a person's discharge from a correctional facility, the Department of Corrections or the federal correctional institutions in Alabama shall notify that person in writing that voting rights will be restored; provide that person with a voter registration form, including a section for indicating acceptance or declination of voter registration services; and offer that person assistance in filling out the form. Unless the registrant refuses to permit it to do so, the Department of Corrections or the federal correctional institution shall transmit the completed voter registration form to the county boards of registrars in the same manner and according to the same administrative rules as govern other voter registration agencies designated in Section 17-4-60(d), Code of Alabama 1975.

(d) The state Department of Corrections and, subject to their agreement, federal correctional institutions in Alabama shall, on or before the 15th day of each month, transmit to the Secretary of State two lists. The first list shall contain the following information about persons age 18 or older who, during the preceding reporting period, have become ineligible to vote because of their incarceration upon conviction of a felony involving moral turpitude. The second list shall contain the following information about persons age 18 or older, who, during the preceding reporting period, have become eligible to vote because of their discharge from incarceration. The lists shall include all of the following:

(1) Name.

(2) Date of birth.

(3) Last known address with county of residence.

(4) Date of conviction.

(5) Driver's license number, if known, and last four digits of Social Security number, if known.

(e) The Secretary of State shall ensure that the computerized statewide voter registration list is purged of the names of persons who are ineligible to vote because of their incarceration upon conviction of a felony involving moral turpitude. The Secretary of State shall ensure that the names of persons who are eligible and registered to vote following their discharge from incarceration are added to the computerized statewide voter registration list.

(f) The Secretary of State shall ensure that persons who become eligible to vote upon their discharge from incarceration face no continued barriers to registration or voting resulting from their felony convictions.

(g) The Secretary of State shall develop and implement a program to educate attorneys; judges; election officials; corrections officials, including parole and probation officers; and members of the public about the requirements of this section. The program shall ensure all of the following:

(1) Judges are informed of their obligation to notify criminal defendants of the potential loss and restoration of their voting rights, in accordance with subsection (b).

(2) The state Department of Corrections and, subject to their agreement, federal correctional institutions in Alabama are prepared to assist people with registration to vote in anticipation of their discharge from incarceration, including by forwarding their completed voter registration forms to the county boards of registrars.

(3) The language on voter registration forms makes clear that a person is disqualified from voting while serving a prison sentence on a conviction of a felony involving moral turpitude and that the person regains the right to vote when discharged from incarceration.

(4) The state Department of Corrections and, subject to their agreement, federal correctional institutions in Alabama are prepared to transmit to the Secretary of State the information specified in subsection (d).

(5) The Supervisor of Voter Registration is prepared both to purge names from and to restore names to the computerized statewide voter registration list in accordance with subsection (e).

(6) Probation and parole officers are informed of the change in the law and are prepared to notify each probationer and parolee that the right of the person to vote is restored.

(7) Accurate and complete information about the voting rights of people who have been charged with or convicted of crimes, whether disfranchising or not, is made available through a single publication to government officials and the public.

(h) The Secretary of State, pursuant to the Alabama Administrative Procedure Act, shall promulgate pertinent rules necessary to implement this act.Section 4. Sections 15-22-36, 17-3-31, 17-4-6, 17-4-60, 17-11-3, and 17-11-7, Code of Alabama 1975, are amended to read as follows:

§15-22-36.

"(a) In all cases, except treason and impeachment and cases in which sentence of death is imposed and not commuted, as is provided by law, the Board of Pardons and Paroles shall have the authority and power, after conviction and not otherwise, to grant pardons and paroles and to remit fines and forfeitures.

"(b) Each member of the Board of Pardons and Paroles favoring a pardon, parole, or remission of a fine or forfeiture, or restoration of civil and political rights shall enter in the file his or her reasons in detail, which entry and the order shall be public records, but all other portions of the file shall be privileged.

"(c) No pardon shall relieve one from civil and political disabilities unless specifically expressed in the pardon. No pardon shall be granted unless the prisoner has successfully completed at least three years of permanent parole or until the expiration of his or her sentence if his or her sentence was for less than three years. Notwithstanding the foregoing, a pardon based on innocence may be granted upon the unanimous affirmative vote of the board following receipt and filing of clear proof of his or her innocence of the crime for which he or she was convicted and the written approval of the judge who tried his or her case or district attorney or with the written approval of a circuit judge in the circuit where he or she was convicted if the judge who tried his or her case is dead or no longer serving.

"(d) The Board of Pardons and Paroles shall have no power to grant a pardon, order a parole, or remit a fine or forfeiture, or restore civil and political rights until 30 days' notice that the prisoner is being considered therefor has been given by the board to the Attorney General, the judge who presided over the case, the district attorney who tried the subject's case, the chief of police in the municipality in which the crime occurred, if the crime was committed in an incorporated area with a police department, and to the sheriff of the county where convicted, and to the same officials of the county where the crime occurred if different from the county of conviction; provided, however, that if they are dead or not serving, the notice shall be given to the district attorney, incumbent sheriff, and one of the judges of the circuit in which the subject was convicted. The board also shall be required to provide the same notice to the Crime Victims Compensation Commission.

"(e)(1) Until and unless at least 30 days' written notice of the board's action to be considered has been given by the board to the victim named in the indictment, the victim's representative, and any other interested individuals, after the board has received a request that includes the preferred mode or modes of notification from the victim, the victim's representative, and other interested individuals and is submitted 45 days or more in advance of the board action to be considered either through the automated victim notification system or by a direct request to the board or other authorized individual, the Board of Pardons and Paroles shall have no power or authority to in any way approve or order any parole, pardon, remission of fine or forfeiture, restoration of civil and political rights, furlough, leave, or early release of a person convicted of the following offenses:

"a. A Class A felony.

"b. Any felony committed prior to the first day of January, 1980, which if committed after the first day of January, 1980, would be designated a Class A felony.

"c. Any felony involving violence, death, or any physical injury to the person of another.

"d. Any felony involving unlawful sexual assault or other unlawful sexual conduct on the person of another.

"e. Any felony involving sexual assault, or a lewd or lascivious act upon a child under the age of 16 years or attempt thereof.

"f. Sexual abuse or any other criminal conduct committed prior to the first day of January, 1980, which if committed after the first day of January, 1980, would be defined as sexual abuse under the Alabama Criminal Code.

"g. Child abuse or any criminal conduct committed prior to the first day of January, 1980, which if committed after the first day of January, 1980, would be defined as child abuse under the Alabama Criminal Code.

"h. Sodomy or any criminal conduct committed prior to the first day of January, 1980, which if committed after the first day of January, 1980, would be defined as sodomy under the Alabama Criminal Code.

"i. Any violation of Section 13A-6-69, as amended.

"(2) If, however, the victim, victim's representative, and other interested individual has not been registered for notice through the automated victim notification system or otherwise made a direct request to the board for notice or to another authorized individual, the victim's information has not been updated, or particular modes of notification have not been requested at least 45 days or more in advance of the board's action to be considered, the board shall not be limited in power or authority in any way to approve or order any parole, pardon, remission of fine or forfeiture, restoration of civil and political rights, furlough, leave, or early release of a person convicted of the offenses named in subsection (e)(1)a. to i., inclusive.

"(3) The notice shall be given by U.S. certified mail, return receipt requested, U.S. mail, electronic transmission, or by other commonly accepted method of delivery, upon a request made through the automated victim notification system or otherwise upon direct request made to the board or other authorized individual 45 days or more in advance of the board's action to be considered and shall include:

"a. The name of the prisoner or defendant involved.

"b. The crime for which the prisoner or defendant was convicted.

"c. The date of the sentence.

"d. The court in which the conviction occurred.

"e. The sentence imposed.

"f. The actual time the prisoner has been held in confinement and the prisoner's minimum release date, as computed by the Department of Corrections.

"g. The action to be considered by the board.

"h. The date, time, and location of the board meeting at which the action is to be considered.

"i. The right of the victim named in the indictment, a victim's representative, or if the victim is deceased as a result of the offense, the victim's immediate family, as defined by the board's operating rules, or, in the event there is no immediate family, a relative of a victim, if any, to present his or her views to the board in person or in writing.

"Notice for robbery victims who were robbed while on duty as an employee of a business establishment shall be sufficient if mailed to the last address provided by the victim or as otherwise noted on the indictment or in the board files.

"(4) If a victim, victim's representative, and otherwise interested individual requests not to be notified, the request shall be made to the Board of Pardons and Paroles in writing or by electronic signature. Confirmation of a request to not be notified shall be provided to the victim so requesting. After a request is received, the board shall provide no further notifications, unless and until the victim, victim's representative, and otherwise interested individual subsequently requests future notifications, at least 45 days in advance of the board's action to be considered through the automated victim notification system or by contacting the board or other authorized individual in writing, in person, or by telephone.

"(5) Should a victim, victim's representative, and otherwise interested person wish to receive notice of any specific board hearing and action taken by the board, if any, in a specific case, the individual may register to request the notice through the automated victim notification system or otherwise request notice by making a direct request to the board or other authorized individual to receive notice at least 45 days in advance of the board's action to be considered. The individual shall be required to designate his or her preferred mode or modes of communication.

"(6) For any defendant convicted of the offenses named in subsection (e)(1)a. to i., inclusive, and only after the most recent victim information has been furnished to the Board of Pardons and Paroles pursuant to Section 12-17-184(9), in those cases, the probation and parole officer assigned to prepare a pre-sentence or post-sentence investigation report shall at that time register the most recent information for the victim named in the indictment into the automated victim notification system. In case of a homicide, the information of immediate family members shall be entered into the automated victim notification system. If a surviving victim is a minor, information for parents or guardians shall be entered into the automated victim notification system. The probation and parole officer assigned to prepare a pre-sentence or post-sentence investigation report shall then report to the sentencing court that all most current victim information has been so registered. The sentencing court shall then record into the case record that the victim information has been entered into the automated victim notification system.

"(7) For those cases in which a defendant has been convicted and sentenced prior to the implementation task force determining that the automated victim notification system complies with the requirements of this section and Sections 15-22-23 and 15-22-36.2, for any homicide, and Class A felony, except Burglary I in which no victim was present, or any sex offense, as defined by Section 15-20A-5, the board shall exercise due diligence to locate the victim or victims and register the most recent victim information into the automated victim notification system. If all attempts to locate a victim, or in case of a homicide to locate immediate family member or members, have failed and the agent of the board has certified that due diligence has been exercised, no future location attempts shall be required.

"(f) After any board action is taken granting any pardon or parole, the board shall promptly notify all persons who timely requested notice, pursuant to this section as to the action taken by the board and the conditions, if any, of any such parole or pardon via electronic notification through the automated victim notification system and posting publicly on a state agency website.

"(g) Electronic notices as required by this section, Section 14-14-5, Section 15-22-23, Section 15-22-36.2, Section 15-22-36.3, and Section 15-22-26.2 shall be produced through the automated notification system developed and maintained by the Alabama Law Enforcement Agency. All data and records required to produce the notices shall be provided to the Alabama Law Enforcement Agency to be incorporated into the automated notification system. Board records and information accessible to the public through the automated notification system shall be limited to those notification items specified in subdivision (3) of subsection (e), as well as the offender's age, sex, race, and unique identifiers. Records concerning the status of supervised offenders on probation and parole shall also be made available to the public, including information on when supervision began, the date the supervision term will end, and information on whether or how supervision was terminated. Otherwise, access to board records and information through the automated notification system shall be limited in use to the legitimate law enforcement purpose of entering and updating contact information on behalf of crime victims, assisting victims with registration, and ensuring victims receive notice. Information and records of the board accessible for law enforcement purposes through the automated notification system, in addition to that available to the public as specified above, shall be limited to the offender's date of birth, the supervising officer's name, the county of residence for those offenders currently supervised in Alabama, and the supervising officer's phone number. Misuse of the automated notification system or records or information contained in the automated notification system shall be subject to criminal prosecution under Article 5A of Chapter 8 of Title 13A, as well as Section 41-9-601, Section 41-9-602, and any other law of this state.

§17-3-31.

"Any person who is disqualified by reason of conviction of any of the offenses mentioned in Article VIII of the Constitution of Alabama of 1901, except treason and impeachment, whether the conviction was had in a state or federal court, and who has been pardoned discharged from incarceration, may shall be restored to citizenship with the right to vote by the State Board of Pardons and Paroles when specifically expressed in the pardon. If otherwise qualified, such person shall be permitted to register or reregister as an elector upon submission of a copy of the pardon document to the board of registrars of the county of his or her residence. In addition, any person who has been granted a Certificate of Eligibility to Register to Vote by the Board of Pardons and Paroles pursuant to Section 15-22-36.1, shall be permitted to register or reregister as an elector upon submission of a copy of the certificate to the board of registrars of the county of his or her residence in accordance with the procedures set forth in Section 3 of the act adding this language.

§17-4-6.

"(a) To continuously and automatically identify the names of persons to be purged from the voters' list, the appropriate state departments or agencies shall provide to the Secretary of State, as such information is recorded by the departments, the names and identifying information set out below of any person age 18 or older who:

"(1) Has has died, with date of birth and Social Security number (if such number is known), last known address with county of residence, and date of death, as provided by the Office of Vital Statistics of the State Department of Public Health.

"(2) Has been convicted of a felony, with date of birth and Social Security number (if such number is known), last known address with county of residence, and date of conviction, as provided by the Alabama Criminal Justice Information Systems.

"(b) The Secretary of State, upon the receipt of the information pursuant to subsection (a), shall disseminate the information to the appropriate board of registrars to facilitate the continuous purgation of the statewide voter registration list.

§17-4-60.

"(a) The Secretary of State shall be the primary state official for federal contact for the implementation of the National Voter Registration Act of 1993 and the Help America Vote Act of 2002.

"(b) The State Department of Public Safety Alabama Law Enforcement Agency shall integrate voter registration into driver's license application and renewal or updating procedures and shall coordinate its driver's license database with the state voter registration list and the Social Security Administration's database in accordance with the Help America Vote Act of 2002.

"(c) The state through the Secretary of State's office shall allow citizens to register to vote by mail. The voter registration application may be designed by the Secretary of State provided it meets the requirements of the National Voter Registration Act of 1993. The Secretary of State may, however, choose to use federally prescribed forms.

"(d) State agencies which provide food stamps, Medicaid, services related to the Women and Infant Children program (WIC), services related to Aid to Families with Dependent Children (AFDC), and agencies providing services to the disabled shall provide voter registration opportunities to their clientele in accordance with the National Voter Registration Act of 1993. The state Department of Corrections and, subject to any agreement under 52 U.S.C. §20506(a)(3)(B)(ii), the federal correctional institutions in Alabama, shall provide these same voter registration opportunities to persons in their custody, as part of the release process leading to their discharge from a correctional facility.

"(e) Recruitment offices of the Armed Forces of the United States shall provide voter registration opportunities to their clientele in accordance with the National Voter Registration Act of 1993.

"(f) Other public offices and agencies which may provide the voter registration services provided by the National Voter Registration Act of 1993 include public libraries, public schools, offices of municipal clerks, probate offices, state and local revenue offices, unemployment compensation offices, offices providing services to the disabled other than those required in subsection (d) to provide voter registration services, and federal and nongovernmental offices which agree to provide the voter registration services.

"(g) Voter registration, confirmation documents, and any other documents necessary to be prescribed by the Secretary of State to meet the requirements of the National Voter Registration Act of 1993 shall be prepared and furnished as provided for in Section 17-3-57.

"(h) The Secretary of State, by rule, may prescribe forms in furtherance of state election laws deemed helpful to disabled voters and voters speaking an alternative language to English who, according to the most recent decennial census, comprise more than five percent of the voting age population for any county in Alabama.

§17-11-3.

"(a) Any qualified elector of this state may apply for and vote an absentee ballot by mail or by hand delivery, as provided in Sections 17-11-5 and 17-11-9, in any primary, general, special, or municipal election, if he or she makes application in writing therefor not less than five days prior to the election in which he or she desires to vote and meets one of the following requirements:

"(1) The person will be out of the county or the state, or the municipality for municipal elections, on election day.

"(2) The person has any physical illness or infirmity which prevents his or her attendance at the polls, whether he or she is within or without the county on the day of the election.

"(3) The person works on a shift which has at least 10 hours which coincide with the hours the polls are open at his or her regular polling place.

"(4) The person is enrolled as a student at an educational institution located outside the county of his or her personal residence attendance at which prevents his or her attendance at the polls.

"(5) The person is a member of, or spouse or dependent of a member of, the Armed Forces of the United States or is similarly qualified to vote absentee pursuant to the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff.

"(6) The person has been appointed as an election officer or named as a poll watcher at a polling place other than his or her regular polling place.

"(7) The person is incarcerated but remains eligible to vote.

"(b) An applicant for an absentee ballot who is a member of the Armed Forces of the United States, including the Alabama National Guard, the United States Naval Reserves, the United States Air Force Reserves, and the United States Army Reserve on active duty or active duty for training or an applicant who is the spouse of any member of the armed forces or any other applicant qualified to vote absentee pursuant to the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff, may make application for an absentee ballot by filling out the federal postcard application form, authorized and provided for under the provisions of "The Federal Voting Assistance Act of 1955," Public Law 296, Chapter 656, H.R. 4048, approved August 9, 1955, 84th Congress 1st Session.

"(c) Any registered elector who requires emergency treatment of a licensed physician within five days of an election may apply for an emergency absentee ballot for the election and may vote by returning the absentee ballot no later than noon on the day the election is held. The attendant physician shall describe and certify the circumstances as constituting an emergency on a special form designed by the Secretary of State and provided by his or her office to local absentee election managers. The special form shall be attached to the application.

"(d) Any registered elector whose name appears on the poll list of qualified voters may vote by an emergency absentee ballot if he or she is required by his or her employer under unforeseen circumstances to be out of the county on an emergency business trip on election day. Under such circumstances, the applicant shall apply for an emergency absentee ballot at the office of the absentee election manager no later than the close of the business day one day prior to the election. The applicant shall complete and file an application form designed by the Secretary of State for emergency absentee voters. The form shall contain an affidavit which the applicant shall sign or swear acknowledging that he or she was not aware of the out-of-county business requirement prior to five days before the election. An applicant who meets the requirements of this subsection may vote by an emergency absentee ballot. After voting the ballot, the voter shall hand the ballot to the absentee election manager.

"(e) If the occurrence of a state of emergency as declared in this or any other state, or by the federal government, renders substantial compliance with this article impossible or unreasonable for a group of qualified voters who respond to the emergency, the Secretary of State, pursuant to Section 41-22-5, may promulgate an emergency rule to allow those qualified voters to vote by absentee ballot. Notwithstanding any other laws to the contrary, all expenses and costs incurred by the state or any county in carrying out the responsibilities and duties included in an emergency rule promulgated pursuant to this subsection shall be paid by the State of Alabama from any funds made available for election expenses under state and federal law.

"(f) Notwithstanding any other provision of otherwise applicable law, in the event more than one absentee ballot is cast in the name of the single voter, whether any such multiple ballot is cast by mail or otherwise, none of the affidavit envelopes containing the multiple ballots shall be opened, and none of the multiple ballots shall be counted, except in the event of an election contest, upon the order of the election contest tribunal. Upon the conclusion of an election contest or, in the event no such contest is filed, upon the expiration of time for filing such a contest, the multiple ballots shall be provided to the district attorney, with photocopies provided to the state Attorney General, for such investigation, prosecution, or other action as may be appropriate under applicable law.

§17-11-7.

"(a) Each absentee ballot shall be accompanied by an envelope upon which shall be printed an affidavit.

"(b) With respect to an absentee ballot cast pursuant to Section 17-11-3, the affidavit shall read as follows:

""State of Alabama

"County of ___________

"I, the undersigned, do swear (or affirm) that:

"(1) I am a resident of ___________ County in the State of Alabama.

"(2) My place of residence in Alabama is: ________________

(street) ____________________, Alabama __________ (city or town) (zip code)

"(3) My voting precinct (or place where I vote) is:_______________

_____________________________________

_____________________________________

"(4) My date of birth is: __________

month day year

"(5) I am entitled to vote an absentee ballot because:

"Check only one:

"___ I will be out of the county or the state on election day.

"___ I am physically incapacitated and will not be able to vote in person on election day.

"___ I work a required workplace shift which has at least 10 hours which coincide with the polling hours at my regular polling place.

"___ I am a student at an educational institution located outside the county of my permanent residence and am therefore unable to vote at my usual polling place on election day.

"___ I am a member of or a spouse or dependent of a member of the Armed Forces of the United States or am otherwise entitled to vote pursuant to the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff.

"___ I have been appointed as an election officer at a polling place which is not my regular polling place.

"___ I will be out of the county on election day responding to a state of emergency as declared by this state or any other state, or by the federal government.

"___ I am eligible to vote because I have not been convicted of a felony involving moral turpitude, but I will be incarcerated and unable to vote in person on election day.

"I further swear (or affirm) that I have not voted nor will I vote in person in the election to which this ballot pertains.

"I have marked the enclosed absentee ballot voluntarily and I have read or had read to me and understand the instructions accompanying this ballot and I have carefully complied with such instructions.

"Moreover, I further swear (or affirm) that all of the information given above is true and correct to the best of my knowledge and that I understand that by knowingly giving false information so as to vote illegally by absentee ballot that I shall be guilty of a misdemeanor which is punishable by a fine not to exceed one thousand dollars ($1,000) or confinement in the county jail for not more than six months, or both.

_________________ (Signature or mark of voter.) ___________________ (Printed name of voter.)

"IF YOUR AFFIDAVIT IS NOT SIGNED (OR MARKED), AND IF YOUR AFFIDAVIT IS NOT WITNESSED BY TWO WITNESSES 18 YEARS OF AGE OR OLDER OR A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ACKNOWLEDGE OATHS, PRIOR TO BEING DELIVERED OR MAILED TO THE ABSENTEE ELECTION MANAGER, YOUR BALLOT WILL NOT BE COUNTED.

"Sworn to and subscribed before me this _____ day of _____, 2__.

"I certify that the affiant is known (or made known) to me to be the identical party he or she claims to be.

___________________ (Signature of official) (Title of official) ___________________ (Address of official) OR

1st Witness____________

Signature

_____________

Print name

_____________

Address

______________

City Zip Code

2nd Witness______________

Signature

_____________

Print name

_____________

Address

______________

City Zip Code""

Section 5. Section 15-22-36.1, Code of Alabama 1975, is repealed.

Section 6. There is created a temporary joint legislative oversight committee to exist for a period of three years following the effective date of this act. The committee shall consist of three members of the Legislature, one chosen by the Governor, who shall serve as chair, one by the President of the Senate, and one by the Speaker of the House. The Secretary of State, the Commissioner of the Department of Corrections, and the Attorney General shall serve in advisory capacities upon request of the committee. The committee shall convene a task force of community leaders with expertise in and commitment to the restoration of voting rights to people who have been disfranchised because of felony convictions. The committee shall hold its organizational meeting and select members of the task force within 30 days after passage of this act. The committee shall meet at the call of the chair or any majority of members thereof, provided that the committee shall meet at least once every three months. Members of the task force shall be invited to all committee meetings unless a majority of committee members objects. The committee may meet, act, and conduct its business during the sessions of the Legislature, or any recess thereof, and in the interim period between sessions. The chief responsibility of the committee shall be to monitor the implementation of this act. The committee shall report any findings and recommendations to the Legislature no later than the seventh legislative day of each regular session.

Section 7. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law. Upon taking effect, it shall have retroactive application to all persons who are eligible to vote under its terms, regardless of whether they were convicted or discharged from incarceration prior to its effective date.

Elections

Secretary of State

Voter Registration

Corrections Department

Board of Registrars

Code Repealed

Code Amended